SECTIONS 40871-40874 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 40871-40874

40871. Loads of tomatoes which are offered for delivery by a
producer to a processor in accordance with the terms of a contract
between them shall be given inspection as may be required without
undue delay and within a reasonable time after the load arrives at
the processor or other point which is specified for the inspection.

40872. Any load of tomatoes which is so offered for inspection and
delivery that is rendered unsuitable for processing purposes as a
direct result of unwarranted delay in inspection, willfully or
negligently caused or permitted by the processor, shall be paid for
by the processor at the full price that is agreed upon for tomatoes
suitable for processing purposes and on the basis that the tomatoes
were of the grade, quality, and condition which is stipulated in the
contract.
If no price is stipulated in the contract, payment shall be made
by the processor to the producer on the basis of the then prevailing
market price for tomatoes of the grade, quality, and condition which
is specified in the contract.

40873. In addition to any other remedy, the producer so offering
for inspection and delivery any load of tomatoes that has incurred
any added handling costs as a direct result of the unwarranted delay
in inspection and delivery, willfully or negligently caused or
permitted by a processor, may recover the amount of the added
handling costs by an action at law against the processor.

40874. No producer shall have any rights under this article unless
he shall register each load of tomatoes with the processor at the
time he offers the load for inspection and delivery. The registration
shall be made by obtaining from the processor a certificate, which
the processor is, by this provision, required to furnish, that states
the time of arrival of the load at the processor or other specified
inspection point.